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PAUL S. BERLINER, APPELLANT, v. LAURA BERLINER, RESPONDENT.

DECISION ORDER

ORDERED that the appeal is dismissed, with costs.

An order directing a judicial hearing to aid in the disposition of a motion does not decide the motion and does not affect a substantial right. Therefore, it is not appealable as of right (see CPLR 5701[a][2][v]; Davidson-Sakuma v. Sakuma, 280 A.D.2d 577; Palma v. Palma, 101 A.D.2d 812). Any party aggrieved by an order entered subsequent to the hearing may take an appeal from that order (see Liebling v. Yankwitt, 109 A.D.2d 780).

SANTUCCI, J.P., ALTMAN, S. MILLER and McGINITY, JJ., concur.

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BERLINER v. BERLINER
(May 28, 2002)